New Mexico Register / Volume
XXXV, Issue 21 / November 5, 2024
This is an
amendment to 11.21.2 NMAC, Section 37 effective 11/5/2024.
11.21.2.37 UNIT CLARIFICATION:
A. Except as provided in
Subsection A of Section 24 of the Act, a unit clarification petition is
appropriate for resolving ambiguities concerning the unit placement of
individuals who come within a newly established classification; where the
circumstances surrounding the creation of an existing collective bargaining
unit are alleged to have changed sufficiently to warrant a change in the scope
and description of that unit, or where a merger or realignment of
previously existing bargaining units represented by the same labor organization
occurs. [either] Either the exclusive representative or
the employer may file with the director a petition for unit clarification. Such a petition seeking realignment of
existing units into horizontal units may be filed and processed only when it
relates to state employees.
B. Upon the filing of a
petition for unit clarification, the director shall investigate the relevant facts, and shall either set the matter for hearing or shall
issue a report recommending resolution of the issues within 30 days of the
filing of the petition. In the
director’s investigation or through the hearing, the director or hearing
examiner shall determine whether a question concerning representation exists
and, if so, shall dismiss the petition.
In such a case, the petitioner may proceed otherwise under these rules.
C. If the director or hearing
examiner determines that no question concerning representation exists and that
the petitioned-for clarification is justified by the evidence presented, the
director or hearing examiner shall issue a report clarifying the unit within 30
days of the filing of the petition if no hearing is determined necessary, or
within 30 days of the hearing if a hearing is determined necessary. If the director determines that a question
concerning representation exists, the petition shall be dismissed.
D. A director or hearing
examiner determination on a unit clarification petition shall be appealable to
the board under the same procedures set forth in Section 22, above.
[11.21.2.37 NMAC - N,
3/15/2004; A, 2/28/2005; A, 7/1/2020; A, 11/5/2024]